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between the departure of ships of one of the belligerents and the subsequent departure of ships of the other belligerent.

The priority of request made by the ships of one of the belligerent States may be freely utilized by the other ships of the same belligerent that happen to be in the same port.

ARTICLE 7

It is forbidden war-ships of belligerent States during their stay in neutral ports and territorial waters to increase, by the aid of resources derived from the land, their war material or to reinforce their crew.

Nevertheless, the vessels above mentioned may provide themselves with food, provisions, stores, coal and means of repairing necessary to the subsistence of their crew or the continuation of their navigation.

No pilot can be furnished to these vessels without the authorization of the neutral Government.

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Annex 49

QUESTIONNAIRE 1

QUESTIONS INVOLVED IN THE PROPOSITIONS MADE BY THE JAPANESE, SPANISH, BRITISH AND RUSSIAN DELEGATIONS 2

I. Is there a general principle controlling the whole subject?

GREAT BRITAIN

(2) Every belligerent is bound to respect the sovereign rights of a neutral State and to abstain in neutral territory

'This questionnaire is the work of a committee composed of the president, the secretary, and the reporter of the second subcommission, as well as representatives of the delegations that made the proposals (decision taken by the subcommission, July 16).

'Annexes 46, 47, 44 and 48. The proposal of the British delegation had a wider scope, since it dealt in a general manner with the rights and duties of neutral States in naval war. Moreover, some articles of that proposal could not be included in the questionnaire, which was confined to the express terms of the program. The text of these articles, which may be made use of in relevant matters, follows:

(1) A neutral State is bound to take measures to preserve its neutrality only after it has received from one of the belligerents a notification of the commencement of the war.

(3) A neutral State is forbidden to sell, either directly or indirectly, to a belligerent Power vessels of war, arms, supplies or any other war material belonging to the said State.

(5) A neutral State must likewise prevent so far as possible any acts within the limits of its jurisdiction toward arming or equipping a war-ship or toward the conversion of a merchant vessel into a war-ship by one of the belligerents.

(7) The neutral State is bound to use due diligence to prevent within its territorial waters the construction, arming, or equipping, whether altogether or in part, of any vessel which it has reasonable ground to believe is intended to serve in the navy of a belligerent Power.

(31) A neutral State is not bound to prevent its subjects from violating a blockade established by a belligerent (or from preventing the exportation from its territory of contraband articles) but it must not lend them aid and assistance for that purpose.

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ernment, would constitute a violation of neutrality.

(6) A neutral State cannot knowingly permit a war-ship lying within its jurisdiction to take on board officers, men, or guns, or to increase in any degree its strength. as a fighting unit.

(8) The neutral State must use due diligence to prevent the departure from its jurisdiction of any vessel flying a merchant flag, which it has reasonable cause to believe is intended to serve in the navy of a belligerent Power.

(9) A neutral State must prevent, so far as possible, a part of its territory or of its territorial waters from being used as a base of operations by a belligerent fleet.

(10) A neutral territory or neutral territorial waters shall be deemed to serve as a base of operations to a belligerent when, for example:

(a) There has been installed on the neutral territory or on board a ship in the neutral waters a wireless telegraph station or any other apparatus intended to maintain communication with the war-ships of the belligerent;

(b) Belligerent vessels revictual in neutral waters by means of auxiliary vessels of their fleet.

(25) No prize court can be instituted upon neutral territory or upon a ship within neutral waters.

(32) None of the provisions contained in the preceding articles shall be interpreted so as to prohibit the mere passage through neutral waters in time. of war by a war-ship or auxiliary ship of a belligerent.

JAPAN

(1) Belligerent ships are forbidden to make use of ports and neutral waters either as places for observation, or for rendezvous, or as bases of military operations or acts of any kind with military purposes.

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VI. If the principle of a limitation is admitted, what exceptions should be made?

Stress of weather. Repairs.

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waters more than twenty-four hours except in the following cases:

(a) In case stress of weather prevents the said vessels from putting to sea, the length of legal stay will be extended until the weather ceases being dangerous.

(b) An interval of not more nor less than twenty-four hours should be maintained between the departure from a neutral port or neutral waters of a merchant ship or a war-ship of one belligerent and the departure from the same neutral port or waters of a warship of the other belligerent. It is for the neutral State to decide which of the hostile vessels shall leave first.

RUSSIA

(4) It belongs to the neutral State. to fix the period of stay to be accorded to war-ships of belligerent States in the ports and territorial waters belonging to that neutral State.

SPAIN

ARTICLE 3. Belligerent vessels cannot stay more than twenty-four hours in neutral ports or waters except by reason of damage, stress of weather, or other force majeure.

ARTICLE 4. In the cases of compulsory putting in the said vessels must leave the neutral ports or waters as soon as their damages are repaired or the circumstances of force majeure, which caused their arrival or stay, shall have ended.

JAPAN

(2 a) In case stress of weather prevents the said vessels from putting to sea, the length of legal stay will be extended until the weather ceases being dangerous.

RUSSIA

(5) The stay of war-ships of belligerent States in a neutral port may be prolonged if stress of weather, lack

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